New Bylaws

Click here to read the JOST Bylaws Oct. 2015

https://jost.syr.edu/wp-content/uploads/JOST-Bylaws-Oct.-2015.pdf

SYRACUSE UNIVERSITY

College of Law

Syracuse Journal of Science and Technology Law

Bylaws

(Revised October 12, 2015)

  •  I.           Definitions
  •  II.          Membership Determinations
  • III.         Meetings
  • IV.          Sanctions
  • V.            Election Procedures for Director Position
  • VI.          Duties of Journal Members
  • VII.         Credit
  • VIII.       Amendments

ARTICLE I

DEFINITIONS

  • 101   EXECUTIVE BOARD – Shall consist of the Editor-in-Chief, Managing Editor, Notes and Comments Editors, Lead Articles Editors, Form and Accuracy Editors, Technology Editor, and Executive Editors
  • 102 ASSOCIATE EDITORS – Shall consist of those members who have not met the requirements of §202(a).
  • 103 SENIOR ASSOCIATE EDITORS – Shall consist of those members who have met the requirements if §202(a).
  • 104 GENERAL MEETINGS – Those meetings that all members are expected to attend.
  • 105 STANDING COMMITTEE – A committee formed by the Editor-in-Chief, and chaired by the Editor-in-Chief’s designee, which serves as a committee for the entire academic year.
  • 106 SPECIAL COMMITTEE – A committee formed by the Editor-in-Chief, and by the Editor-in-Chief’s designee, to examine certain policy matters and is dissolved after final recommendations are made to the Editor-in-Chief.

ARTICLE II

MEMBERSHIP DETERMINATION

  • 201 The Syracuse Journal of Science and Technology Law shall consist of the Executive Board, Senior Associate Editors, and Associate Editors.
  • 202 (a) An Associate Editor will be elevated to a Senior Associate Editor only if the following is fulfilled:
  1.     Completion of the course requirement;
  2.     Completion of satisfactory editorial work as per §608;
  3.     Completion of all assigned office hours as per §608;
  4.     Completion of a Note or Book Reviews, as described in §608(a)(iii) and (iv), of publishable quality;
  5.     Participating and complying as a member of the Syracuse Journal of Science and Technology Law under each and every article of these Bylaws;
  6.     Being a member in good standing of the Syracuse Journal of Science and Technology Law.
  7.     Good Standing is defined as:
  8. Owing no more than 4 office hours;
  9. Meeting all deadlines set by the Notes and Comments Editors; and

iii.     Performing all other duties as required by the Syracuse Journal of Science and Technology Law.

  1.     The Editor-in-Chief, in consultation with the Executive Board, will determine which Associate Editors will be elevated to a Senior Associate Editor according to the elevation criteria of §202(a).  Those members who have not been elevated will not receive any academic credit and their names shall be immediately removed from the membership list.
  • 203 Once elected, the Editor-in-Chief, in consultation with the new Executive Board, shall do all of the following:
  1.     Determine the approximate number of Associate Editor positions available;
  2.     Plan an anonymous spring writing competition to be implemented by the Notes and Comments Editors;
  3.     Set forth the procedures and criteria for selecting new Associate Editor members.
  • 204 Full-time students at the College of Law shall be eligible to participate in the spring writing competition during the spring semester of their first year of law school.
  • 205 Upon completion of twenty-four hours of academic credit (based on the records maintained in the College of Law Registrar’s office) part time students shall be eligible to participate in the writing competition.
  • 206 The Editor-in-Chief shall seek to inform students who have transferred into the College of Law of membership opportunities in JOST.  The Editor-in-Chief shall determine their eligibility for participation in a supplemental writing competition.
  • 207 All members of the student body who wish to participate in the first writing competition must participate in the first writing competition scheduled after they become eligible for possible membership.
  • 208 Membership decisions under this Article are made at the discretion of the Editor-in-Chief in consultation with the Executive Board.
  • 209 Any four-year joint degree student selected for membership pursuant to this Article must file a written petition with the Editor-in-Chief by the first day of classes after notification of membership for deferral of their participation as an Associate Editor member for one academic year.

ARTICLE III

MEETINGS

  • 301 General Meetings
  1. General meetings must take place at least twice per semester during the fall and spring semesters.
  2. Notice of all general meetings must be posted on all JOST bulletin boards at least one week before a meeting is to occur.  The Managing Editor is to maintain an email listserv for all JOST members for general announcements.
  3. Notice shall comprise of a statement of the time, date and location of the meeting.
  4. The Editor-in-Chief shall preside over all general meetings and determine the agenda for each general meeting.
  5. If the Editor-in-Chief is either unable to attend a meeting or temporarily gives up the chair, the Managing Editor shall assume all responsibilities of the Editor-in-Chief.
  6. The presence of more than one-half of all journal members is required at a general meeting to constitute a quorum.
  7. The quorum requirements may not be waived.  No official action may be taken in any general meeting without quorum.
  8. Attendance by members of JOST at general meetings is mandatory.
    1. The Editor-in-Chief or the Managing Editor may excuse a journal member from attendance at a general meeting if the member provides a reasonable excuse, in writing, at least twenty-four (24) hours prior to the meeting.
    2. Members absent from a general meeting without excuses are subject to sanctions in accordance with Article IV.
    3. Attendance of Associate Editors is mandatory at all meetings.
  9. Should a debatable issue arise, the Editor-in-Chief may implement Roberts Rules of Order, which include the following:
    1. No member may hold the floor more than five minutes at a time;
    2. A simple majority vote of all members present is required to approve a motion;
    3. The Editor-in-Chief shall vote ONLY to break any tie that exists;
    4. Each member of the JOST will have a single vote to cast on each motion considered in a meeting;
    5. Votes are taken by hands unless otherwise stated in these Bylaws or, if not so state, a simple majority of those present at the meeting may approve an alternate procedure;
    6. The following motions shall require a two-thirds vote of those present and voting:
  1. Motion to amend a motion currently on the floor;
  2. Motion to adjourn; and

iii.     Motion to amend the Bylaws.

    1. The Editor-in-Chief shall be the final arbiter of Bylaws for resolution of procedural questions; and
    2. The Managing Editor shall maintain a record of these minutes of the meetings.
  • 302 Special Meetings may be called by Editor-in-Chief and the Managing Editor throughout the academic year.  Attendance at these meetings shall comport with §301 above.
  • 303 Meetings of the Executive Board

The Executive Board shall meet as necessary.  All other aspects of the Executive Board meetings are at the discretion of the Editor-in-Chief.

  • 304 Committee Meetings

Except as otherwise stated in the Bylaws, all aspects of the committee meetings are at the discretion of the committee chairperson in consultation with the Editor-in-Chief.

ARTICLE IV

SANCTIONS

  • 401 Sanctions Committee
  1. The committee will be a Standing Committee
  2. The committee will consist of the following:
    1. Executive Board
    2. Two Associate Editors..
  3. The Associate Editors as designated in §401(2)(b) shall be elected by Associate Editor members during orientation.
  4. If a member of the Sanctions Committee is the subject of a complaint, that member, for the purpose of that complaint only, shall be removed from the committee.
  5. If a member of the Sanctions Committee has a conflict of interest concerning the subject of a complaint, that member may recuse himself or herself for the purposes of that complaint only.
  6. All files and proceedings of the Sanctions Committee shall be confidential.  Any breach of this subsection shall constitute a gross dereliction of duty pursuant to §407(b)(ii).
  • 402 Sanctionable Conduct
  1. A member of the Syracuse Journal of Science and Technology Law may be subject to sanctions if the member has:
    1. Failed to strictly comply with these Bylaws;
    2. Failed to attend mandatory meetings without excuse per §301(8)(a);
    3. Failed to meet any deadlines set by any member of the Executive Board, including deadlines on all editorial work, and all Note or Book Review deadlines;
    4. Failed to complete form and accuracy work to the satisfaction of the Form and Accuracy Editors;
    5. Failed to complete office hours to the satisfaction of the Managing Editor; or
    6. Been found by the Syracuse University Judicial System or any other appropriate adjudicative body, while a student of the College of Law (whether or not currently registered), to have violated any Code of Student Conduct applicable to such member in force at the time of the alleged violation.
    7. Plagiarism is defined by Section F – Part 2(b) of the College of Law Code of Student Conduct.  If sanctions are levied against a JOST member who has been found to have plagiarized according to the definition, then the Sanctions Committee may refer the matter to the College of Law Honor Code procedure.
  2. The above list of sanctionable conduct is not exhaustive.
  • 403 Disciplinary Procedure
  1. Written complaints referencing sanctionable conduct shall be submitted by a member of JOST to the Managing Editor.  All complaints must be legibly signed by the accuser.  The Managing Editor shall convene a Sanctions Committee meeting within a reasonable time so as to consider the complaint.  The Chair of the Sanctions Committee is to then distribute a copy of the complaint to each member of the Sanctions Committee.
  2. The accused shall be given notice of the complaint at least three (3) business days prior to the initial meeting of the Sanctions Committee regarding the complaint.  The notice shall consist of the identity of the accuser and the reasons for the complaint.  The accused may submit a written response to the Chairperson up to one (1) day before the initial meeting.
  3. Any official action taken by the Sanctions Committee (except election of a chairperson and a vote for expulsion) shall require a two-thirds vote of the full committee and shall be accompanied by a written justification for such action signed by the chairperson of the committee.
  4. A vote for expulsion must be by unanimous vote of the Sanctions Committee and must also be accompanied by a written justification for such action signed by the chairperson of the Committee.
  5. Each written justification and complaint shall be kept in a Sanctions Committee file in the JOST office.
  • 404 Sanctions Available for Associate Editors and Senior Associate Editors:
    1. Oral warning
    2. Written warning
    3. Additional service to the Syracuse Journal of Science and Technology Law
    4. Suspension from the Syracuse Journal of Science and Technology Law
    5. Loss of either one or two credit hours of academic credit
    6. Demotion of position
    7. Removal from consideration for Note publication
    8. Expulsion and removal from Masthead
  • 405 The following sanctions are not appealable:
    1. Oral warning
    2. Written Warning
    3. Additional service to the Syracuse Journal of Science and Technology Law
  • 406 If not appealed or not reversed on appeal, sanctions are not reversible.
  • 407 Exception from Sanctions for Executive Board
    1. An Executive Board member is not subject to sanctions by the Sanctions Committee. The committee may, however, impeach such a member.
    2. Impeachment may only occur if the senior board member has:
  1. Been found by the Syracuse University Judicial System or any other appropriate adjudicative body, while a student of the College of Law (whether or not currently registered), to have violated any Code of Student Conduct applicable to such member in force at the time of the alleged violation; or
  2. Committed a gross dereliction of duty.
    1. Written complaints referencing impeachable conduct shall be submitted by a member of JOST to the Managing Editor.  All complaints must be legibly signed by the accuser.  The Managing Editor shall notify the chairperson of the Sanctions Committee who shall convene a Sanctions Committee meeting within a reasonable time so as to consider the complaint.
    2. The accused shall be given notice of the complaint at least three (3) business days prior to the initial meeting of the Sanctions Committee regarding the complaint.  The notice shall consist of the identity of the accuser and the reasons for the complaint.  At the initial meeting of the Sanctions Committee, the accused shall be given an opportunity to be heard as to why impeachment is not in order.
    3. Following the hearing, the Sanctions Committee shall vote on whether the impeachment is warranted.  Impeachment requires a two-thirds vote of the Sanctions Committee.
    4. Should the Sanctions Committee vote to impeach an Executive Board member, the chairperson shall notify the impeached immediately.  This decision is appealable pursuant to §408 of this article.
    5. An Executive Board member removed from office will be demoted to a Senior Associate Editor.  No other sanctions will be imposed on such member unless the Sanctions Committee elects to reconsider the actions of the member.  Should that election take place, the Sanctions Committee may avail itself of the sanctions pursuant to §404 of this Article.
    6. Upon removal of the Executive Board member, a special election shall be called for the purpose of filling the vacant office.  This procedure shall also be followed if an Executive Board member resigns from office.
  1. At the discretion of the Editor-in-Chief, the Executive Board may appoint someone to fill the vacant office.  The appointment shall be approved by all JOST members at that next general meeting by a majority vote.
  • 408 Appeal Procedures
  1. A member of the Syracuse Journal of Science and Technology Law who is subject to an appealable sanction may appeal that decision in writing to the Chairperson of the Sanctions Committee within three (3) business days of the Sanctions Committee’s determination.
  2. Such appeal shall contain the grounds for the appeal and a request for a special meeting of the full JOST membership within five (5) business days of the date of the filing of the written appeal.  An appeal less than five (5) business days from the end of the semester shall be deemed to have been filed on the first class day of the next semester.
  3. An appeal shall be forwarded to the Editor-in-Chief who shall preside over the special meeting.  In the event the Editor-in-Chief is the subject of impeachment proceedings the appeal shall be forwarded to the Managing Editor, who shall preside over the special meeting.
  4. At the special meeting, the member who is subject to the sanction may present reasons why discipline should not be imposed.  The Chairperson of the Sanctions Committee shall present the case against the accused.
  5. Any sanction imposed by the Sanctions Committee may be lessened or reversed by a majority vote of the membership attending the special meeting.  This vote shall be by secret ballot and is final.  Upon reversal, any reference to the claimed violation shall be removed form the Sanctions Committee file.

ARTICLE V

ELECTION PROCEDURES FOR EXECUTIVE BOARD POSITIONS

  • 501 (a)     Nomination to the Executive Board
  1.     Any member of JOST may nominate any Associate Member for any Executive Board position.  Any Associate Editor member not in good standing by the day of the election is ineligible.
  2. Any member nominated for Technology Editor should have working knowledge of the Internet and Web site development.
  3.     The opening of nominations shall be determined by the Managing Editor and shall be posted.
  4.     Upon being nominated and prior to the close of the nomination process, a candidate shall submit a written statement accepting the nomination.
  5.     Each election shall be mutually exclusive, having no bearing upon subsequent elections.
  6.     Nominees may run for more than one position, but may be elected to only one position.
  7.     Nominations shall close when the meeting is called to order.  In the event that no one is running for an Executive Board position, or in case of Lead Articles or Executive Editor when less persons are running than open positions available, nominations may be accepted by the Managing Editor, at his/her discretion during the election process.

(a)            The Election Process in General

  1. The Managing Editor shall be in charge of the voting process and shall solicit such help necessary.
  2. As each position is presented to the electorate for voting, the candidates for that position shall leave the room and ballots shall be distributed to those members who are eligible to vote for that position.  Only those members deemed in good standing by the Editor-in-Chief shall be allowed to vote during the election.  There will be neither proxy nor absentee voting.

iii.     Voting shall proceed by secret ballot, and the Managing Editor or such designee shall collect and count ballots.

(b)           Voting for Editor-in-Chief

  1. After all ballots are counted, if no candidate receives a simple majority of the votes, the two candidates with the highest votes shall have a run-off vote.
  2. One candidate must carry a simply majority of the votes in order to be elected.

(c)            Voting for All Other Positions except Associate Editor  Liaison

  1. All candidates for a particular position shall be made known to the electorate.
  2. Considering the number of positions available, the positions shall be filed by those candidates with the most votes.  If only one position is available, the winning candidate must receive a majority of the votes cast.

iii.     In the event of a tie between two or more candidates for the last available position, a second ballot shall be cast for the tied candidates only.  The candidate with the most votes shall be elected to that position.

(d)           Associate Editor Liaison Election

  1. Within the first month of the first Fall General Meeting, a member of the Associate Editors must be elected by his or her peers to serve on the Executive Board.

(e)            The Election Hierarchy

  1. Interviews and Elections for the Executive Board shall proceed in the following order:
  2. Editor-in-Chief
  3. Managing Editor
  4. Form and Accuracy Editors (2)
  5. Lead Articles Editors (2)
  6. Notes and Comments Editor
  7. Technology Editor
  8. Executive Editors (6-10)

(f)            Special elections may be called by the Managing Editor at his/her discretion when necessary.

ARTICLE VI

DUTIES OF JOURNAL MEMBERS

  • 601 Editor-in-Chief
  1. The Editor-in-Chief is JOST’s chief executive.  It is the Editor-in-Chief’s duty to provide all the necessary leadership and coordination of JOST.
  2. The Editor-in-Chief shall ensure professional operation of JOST and timely publication with a high level of quality.
  3. The Editor-in-Chief shall make all executive decision regarding the management of JOST.
  4. The duties of the Editor-in-Chief include, but are not limited to:
  1. Chair all meetings of the General Membership and the Executive Board;
  2. Make all final editorial decisions regarding the published articles;

iii.     Represent JOST in all matters within and without the College of Law; and

  1. Perform all duties in the Editor-in-Chief enumerated elsewhere in these Bylaws.
  • 602 Managing Editor
  1. The Managing Editor, in conjunction with the Editor-in-Chief, shall ensure the professional operation and timely publication of JOST at a level of quality becoming a prestigious law periodical.
  2. The duties of the Managing Editor include, but are not limited to, the following:
  1. Prepare the budget;
  2. Oversee the daily operations of the office;

iii.     Supervise the attendance of journal members at office hours and general meetings; and

  1. Assist in other JOST matters as determined by these Bylaws or by the Editor-in-Chief.
  • 603 Form and Accuracy Editors
  1. The duties of the Form and Accuracy Editor include, but are not limited to, the following:
  1. Assume primary responsibility for the form and accuracy of the final work product of the Syracuse Journal of Science and Technology Law;
  2. Work to insure proper blue book form of JOST; and

iii.     Instruct the members of the Associate Editors and Executive Editors as to proper form and accuracy of the final work product of JOST.

  • 604 Lead Articles Editors
  1. The duties of the Articles Editors include, but are not limited to, the following:
  1. Work with authors who submit articles for publication in JOST;
  2. Work with Editor-in-Chief to establish the criteria for articles, technology commercialization papers, and book review selections including but not limited to reputation and publication history of the author, timeliness, originality and potential significance of the work, whether or not JOST has published similar material in the recent past;

iii.     Draft and manage publication agreements with authors (including copyright provisions);

  1. Serve as a liaison between JOST and the authors; and
  2. Additional editorial, administrative, and solicitation duties as assigned by the Editor-in-Chief.
  • 605 Notes and Comments Editors
  1. The duties of the Notes and Comments Editors include, but are not limited to, the following:
  1. Administer the Spring Writing Competitions, including the establishment of a timetable in conjunction with the Editor-in-Chief;
  2. Supervise progress of the Note writing process, including the setting of deadlines;

iii.     Review all student Note topics and outlines and provide feedback to the Associate Editors ; and

  1. Supervise selection of Student Notes for future publication.
  • 606   Technology Editor
  1. The duties of the Technology Editor include, but are not limited to, the following:
  1. Maintain the JOST website;
  2. Assist the Editor-in-Chief, Managing Editor, and Form and Accuracy Editor in preparing articles and notes to places online;

iii.     Assist with any computer problems within JOST; and

  1. Assume responsibility for JOST blog.
  2.     Work to insure proper Bluebook form of JOST blog; and
  3. Maintain the JOST blog content.
  • 607    Executive Editors
  1. The duties of the Executive Editors include, but are not limited to, the following:
  2. Assist the Notes and Comments Editors in selecting student Notes for publication; and

iii.     Supervise the form and accuracy work of their Editing Team.

  • 608    Associate Editors
  1. Associate Editor duties include, but are not limited to, the following;
  1. Complete all form and accuracy assignments to the satisfaction of their Executive Editor and the Form and Accuracy Editors;
  2. Complete two office hours every week in the JOST office under the direction of the Managing Editor or the Managing Editor’s designee and serve two office hours for every unexcused absence from a scheduled office hour; and
  3.     All excused office hours will be doubled if not completed within three weeks.

iii.     Conduct research and writing of an original scholarly paper of publishable quality in consultation with a faculty advisor and to be completed within the timetable created by the Notes and Comments Editor; or

  1. Complete reviews of two recently published books with prior approval from the Notes and Comments Editor in consultation with a faculty advisor.  This option does NOT fulfill the College of Law’s writing requirement.
  • 609 Associate Editor Liaison
  1.   The Associate Editor Liaison’s duties include, but are not limited to, the following:
  2. Attendance at all Executive Board Meetings as the representative of the Associate Editors ;

iii.     Assist the Editor-in-Chief and Managing Editor in planning JOST social events; and

  1. Assist in other JOST matters as determined by these Bylaws or by the Editor-in-Chief.
  • 610 Off-Campus Programs
  1.   Any member of JOST who is participating in an off campus program authorized by the College of Law may apply to have the office hour requirement pursuant to § 202(a) waived for the semester that the member is off campus.
  2. The Editor-in-Chief may, in consultation with the Executive Board of Editors, approve or deny a request for a waiver filed pursuant to § 610(a).
  3.  If a member’s request for waiver is denied pursuant to § 610(b), it shall be the duty of the member to make up the office hours on another semester when the member is on campus.
  4. For purposes of the credit requirement pursuant to § 701, successful completion of an off-campus program in the field of Science or Technology will suffice.

ARTICLE VII

CREDIT REQUIREMENTS

  • 701 A third-year member of the Syracuse Journal of Science and Technology Law shall be eligible for one credit hour upon:
  1. Satisfactory completion of a course related to science and technology law during the second year or third year of law school. Courses meeting the requirement include, but are not limited to, the following:

(1)   Intellectual Property;

(2)   Technology Transfers and Technology Transfer Center (two semester commitment);

(3)   Computer Law;

(4)   Bioethics;

(5)   Internet Law;

(6)   Genetics and the Law;

(7)   Disability Law; or

(8)   Environmental Law

  1. Satisfactory completion of all requirements contained in these Bylaws;
  2. Signature of JOST faculty advisor;
  3. Signature of the Editor-in-Chief; and
  4. Determination by the Syracuse University College of Law administration that Syracuse Journal of Science and Technology Law members will be entitled to academic credit; and
  5. JOST members who are also members of either the Journal of International Law and Commerce or Law Review will not receive credit unless that member writes separate notes for each journal.
  • 702 A third-year member of the Syracuse Journal of Science and Technology Law Executive Board shall be eligible for a second academic credit hour upon:
  1. Satisfactory completion of all requirements contained in these Bylaws;
  2. Signature of JOST’s faculty advisor;
  3. Signature of the Editor-in-Chief.
  • 703    A member of the Syracuse Journal of Science and Technology Law can satisfy the College of Law Writing Requirement at a minimum by:

(i) Completion a student Note of publishable quality of a minimum of 25 pages of text, which demonstrates substantial depth of analysis, reflection and revision; and

(ii) Receipt of regular faculty supervision and feedback, including extensive written feedback on at least one substantial draft of the Note. The student must obtain the signature of the faculty advisor on the Advanced Permission Form available in the Registrar’s Office to receive credit.

ARTICLE VIII

AMENDMENTS

  • 800 These Bylaws may be amended at any General Meeting of the Syracuse Journal of Science and Technology Law by a two-thirds vote of those present and voting provided that the proposed amendment has been distributed to each member of JSOT at least five (5) business days prior to the General Meeting at which the amendment is considered.
  • 801 No vote of the general membership shall be required to amend typographical or grammatical errors in these Bylaws.